CONVERSATIONS ONLINE TERMS AND CONDITIONS OF USE
By accessing, downloading or using the mobile application and/or of Conversations Media & Communications (Pty)Ltd, Reg: 2014/009437/07 (‘the Company’) located at www.Conversationsgroup.co.za or downloaded on a third-party platform, you agree that you have read, understood and agree to the terms and conditions contained herein (‘the Terms’). All rights in and to the content of the website and the mobile application (collectively ‘Conversations Online’) remain, at all times, expressly reserved by the Company.
In compliance with section 49 of the Consumer Protection Act 68 of 2008 (“CPA”), please pay specific attention to the BOLD paragraphs of the Conversations Online Terms. These paragraphs limit the risk or liability of Conversations Online, constitutes an assumption of risk or liability by you, impose an obligation by you to indemnify Conversations Online or is an acknowledgement of any fact by you.
Please read the Terms carefully before accessing or using Conversations Online.
The words “user”, “you” and “your” are used interchangeably in these Terms and refer to all persons accessing Conversations Online for any reason whatsoever.
1. INTRODUCTION AND THE SERVICES
1.1. The Company provides an online platform where users can connect with other users, including newsworthy broadcasters (‘Broadcasters’ or ‘Broadcaster’), and view content (including text, images, sound and/or video) that Broadcasters transmit or upload (‘Broadcasts’), either in real-time or pre-recorded. Users can also post comments and questions in relation to such Broadcast and interact with Broadcasters. In addition, the Company may collect and analyze public content and use any personal information (including demographic information) that you provide to improve your user experience by providing tailored content, to improve the quality of Broadcasts and Broadcasters and to improve and expand services for delivery to the user, advertisers or other authorised third parties (‘the Purpose’). Any non-public, private information you provide will be kept strictly confidential in accordance with the requirements of the Protection of Personal Information Act No. 4 of 2013 (‘POPI’).
1.2. The Company will allow certain users, that it deems to be newsworthy or of public interest, to become Broadcasters, based on criteria of the Company’s choosing and at its sole discretion.
1.3. Broadcasters may schedule times and dates for Broadcast and the Company may choose to promote and advertise such Broadcasts.
1.4. Users that wish to become Broadcasters can apply at www.conversationsgroup.co.za The Company is under no obligation to permit a user to become a Broadcaster and retains full discretion to accept or refuse such an application.
1.6. Conversations Online and these Terms may change without notice. These Terms are updated or amended from time to time and will be effective upon the Company uploading the amended Terms to the website or mobile application. Your continued access or use of Conversations Online constituted your acceptance to be bound by the Terms, as amended. It is your responsibility to read these Terms periodically to ensure that you are aware of any changes.
1.7. Unauthorised use of Conversations Online may give rise to a claim for damages and/or be a criminal offence.
2. RELATIONSHIP BETWEEN THE PARTIES
2.1. Subject to you complying with the Terms, the Company grants to you a personal, non-exclusive, non-assignable and non-transferable license to use Conversations Online and to view all content and information made available to you via Conversations Online on any machine on which you are the primary user. However, nothing contained in these Terms or on Conversations Online shall be construed as granting any license or right to use or reproduce any of the content or any other intellectual property for any other purpose without the prior written consent of the Company.
2.2. The Company and Conversations Online act solely as an intermediary between users. The Company does not have an employment relationship with any user, including any Broadcaster. You connect and interact with another user entirely at your own risk.
3. REGISTRATION PROCESS
3.1. To use Conversations Online, you must complete the registration process detailed on the website or mobile application. Each user shall only have 1 (one) account and agrees to provide accurate, current and complete information during the registration process and to update such information as and when it changes.
3.2. To protect your privacy and security, the Company takes reasonable steps to verify your identity by requiring a password and email address, or access to your Facebook account, before granting access to your data. To view and change the personal information that you have provided, you can use the ‘Edit’ function of the ‘Profile’ tab on Conversations Online. To resubmit documents that you have provided to the Company, please email firstname.lastname@example.org from the address that you registered on Conversations Online.
3.3. By entering your personal information on Conversations Online, the Company is entitled to assume that the person using Conversations Online is you. You are responsible for the account and you hereby agree not to share your log-in details, password, or Facebook log-in details with anyone else.
3.4. We encourage you to submit your further personal information, including your full name, location, date of birth, gender and other basic demographic information. You are under no obligation to provide such information, but it helps us to improve your user experience by providing tailored content and improving the quality of Broadcasts and Broadcasters.
3.5. The Company retains complete and unfettered sole discretion to accept, retain or to cancel a user’s registration and use of Conversations Online if it believes (in its reasonable sole discretion) that it is reasonable to do so.
3.6. To be considered for acceptance as a Broadcaster on Conversations Online, and/or after having been accepted, a user may be required to submit information describing the content they wish to transmit and/or upload, to provide a channel or company name and contact details, describe their ideal audience and provide evidence that the user is a person of public interest or newsworthy. The Company reserves, at all times, the complete and unfettered sole discretion to select the criteria upon which submissions or applications are judged, and to approve or reject an application or to cancel a user’s status as a Broadcaster if a user fails to provide the information requested by the Company, or provides inaccurate information, or the Company it believes (in its reasonable sole discretion) that it is reasonable to do so.
4. USER RESPONSIBILITIES AND WARRANTIES
4.1. By using Conversations Online, you warrant that:
4.1.1. You have read and agreed to these Terms and will use Conversations Online in accordance with them;
4.1.2. you have not made any misrepresentations and the information provided in the registration process is true, accurate and complete;
4.1.3. you are at least 18 (eighteen) years old or you have the permission from your guardian to use Conversations Online, if such permission is required;
4.1.4. you will not post, upload, replicate or transmit any abusive content on Conversations Online that is or could reasonably be considered threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using Conversations Online;
4.1.5. you will not send any unsolicited electronic messages or use any software, routine or device to interfere, or attempt to interfere, electronically or manually, with the operation or functionality of Conversations Online including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of Conversations Online or the underlying software code;
4.1.6. you will not infringe, or post content that infringes, any third party’s or the Company’s intellectual property or other rights, or transmit content that you do not own or do not have the express right to publish or distribute;
4.1.7. you will not use Conversations Online for any commercial purpose other than as expressly provided for by the Company;
4.1.8. you will not use Conversations Online to breach any applicable law, regulation or ordinance or perform or encourage any illegal activity including (without limitation) promoting or facilitating access to, use of or sale of illegal substances or devices; and/or
4.1.9. facilitate or assist any third party to do any of the above.
4.2. Conversations Online is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to use Conversations Online. The network’s data, messaging rates and fees may apply if you use Conversations Online and you are responsible for such rates and fees.
4.3. Without prejudice to any of the Company’s other rights (whether at law or otherwise), the Company reserves the right to deny you access to Conversations Online where the Company believes (in its reasonable sole discretion) that you are in breach of any of these Terms.
4.4. The Company does not guarantee that Conversations Online, or any portion thereof, will function on any particular hardware or device.
5. USER MESSAGING SERVICES
5.1. Conversations Online enables users to post messages and questions to other users, including Broadcasters.
5.2. The views expressed via the question and messaging service are not necessarily condoned, approved, endorsed or supported by the Company.
5.3. The Company has deemed as unacceptable content that:
5.3.1. is sexually explicit or suggestive or derogatory to any ethnic, racial, gender, or religious group;
5.3.2. infringes the right of any person or entity;
5.3.3. promotes any illegal activity; or
5.3.4. may harass, defame, misrepresent or contain disparaging remarks about other people or users.
5.4. The Company reserves the right to monitor or moderate any messages it deems to violate these Terms at its sole discretion, at any time, and without notice:
5.4.1. remove a message that is deemed inappropriate or unsuitable for Conversations Online without notification to the offending user;
5.4.2. give an offending user a warning; and
5.4.3. stop or suspend a user’s use of any or all services.
5.5. Users acknowledge that any content provided on Conversations Online, including via the messaging and questioning system, enters an open, public forum, is not confidential and may be used or reproduced by any other user or the public at large and may be associated it with you (e.g. your name, profile picture and other such information).
5.6. Users understand that there are risks involved in sharing personal information. By disclosing personal information such as the user’s name and email address, users acknowledge and understand that this information may be collected and used by a third party to communicate with you.
6. INTELLECTUAL PROPERTY PROTECTION AND LICENSE
6.1. For content that is covered by intellectual property rights, such as text, photos and videos (‘IP Content’), by using Conversations Online, you warrant that you are the sole and exclusive owner in and to the IP Content that you submit to, or post on, Conversations Online, or, if you are not the sole and exclusive owner, that you have the express permission and license from the owner or owners, as the case may be, of such IP Content, to use and to grant to the Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use IP Content that you submit to, or post on, Conversations Online.
6.2. You hereby grant to the Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use the IP content that you submit to, transmit via or post on, Conversations Online.
6.3. If you are a Broadcaster, you hereby confirm that you have the necessary authority to and you hereby grant to the Company and to Conversations Online a non-exclusive, transferable, worldwide license to use the Broadcaster’s identity, name, image and/or personality rights and any associated intellectual property (including, but not limited to, trademarks and copyright) to advertise the Broadcaster, the Broadcasts and Conversations Online. Such consent can be withdrawn by the Broadcaster at any time by addressing an email to email@example.com advising that the Broadcaster is withdrawing his/her/its consent.
6.4. If any content posted is found to infringe your or anyone else’s intellectual please send us an email to firstname.lastname@example.org with proof of such ownership and with a request, by such owner, to remove such infringing content and we will endeavor to promptly take it down.
6.5. All trademarks, copyright, database rights and other intellectual property rights in the content and materials, and the information and knowledge yielded from such content and materials, on Conversations Online (as well as the organisation and layout of Conversations Online and the Company) together with the underlying software code (“the intellectual property”) are owned (or co-owned, as the case may be) by the Company, its members, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on Conversations Online are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on Conversations Online or the underlying software code whether in whole or in part, without the written consent of the Company first being granted, which consent may be refused at the sole discretion of the Company. No modification of any intellectual property or editorial content or graphics is permitted. Any enquiries in this regard must be directed to the Company at email@example.com
6.6. The Company reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on or to Conversations Online, or to suspend or terminate Conversations Online at any time without notice.
6.7. When you delete IP Content, it is deleted in a manner similar to the emptying of a recycle bin on a computer. You hereby acknowledge and understand that removed content may persist in backup copies for a reasonable period (but will not be available to other users).
7. RECEIPT AND TRANSMISSION OF DATA MESSAGES
7.1. Data messages, including e-mail messages, sent by you to the Company will be considered to have been received only when acknowledged or responded to.
7.2. Data messages sent by the Company to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
7.3. The Company reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such e-mail or data message where necessary.
7.4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. The Company is therefore not responsible for the accuracy of any message sent by email over the internet, whether from the Company to a user or from a user to the Company.
8.1. The Company is committed to business practices in compliance with the Protection of Personal Information Act 4 of 2013 (“POPI”). By using or accessing Conversations Online, you agree that the Company may process your personal information provided to the Company and/or on Conversations Online in terms of these Terms and otherwise in compliance with POPI.
8.2. Your personal information is not required for you to access parts of Conversations Online. However, personal information is required for the sole purpose of registering an account on Conversations Online.
8.3. The Company collects, collates, processes, and uses the following types of information about you when you use or access Conversations Online:
8.3.1. information provided by the user. The Company collects personal information (that is information about the user that is personally identifiable like the user’s email address and password or Facebook details, and users may (but are not obligated to) submit further information like their name, address, age, gender, phone number(s) and other demographic information or unique information, such as contact preferences, that are not otherwise publicly available. The Company verifies the user’s email address or Facebook details when the user completes the registration process;
8.3.2. information provided by Broadcasters. The Company collects information that users provide to the Company when users apply to become Broadcasters, including their contact details, channel or company name, a description of the content and ideal target audience and evidence that the user is newsworthy or a person or entity of public interest, as well as any further information that the Broadcaster submits, or may be required to submit by Company, after he has been accepted. The Company may use such information and, at the Company’s sole discretion, request additional information to verify that such information is true, accurate and/or complete, failing which the Company may, at its sole reasonable discretion, reject or cancel a user’s status as a Broadcaster;
8.3.3. information that is collected automatically. The Company receives and stores information which is transmitted automatically from the user’s computer when the user browses the internet. This information includes information from cookies (which are described in clause 8.5 below), the user’s Internet Protocol (“IP”) address, browser type, web beacons, embedded web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to Conversations Online such as your browser type and language, access times, and the address from which you arrived at Conversations Online. Your IP address is the unique address of your computer or device which is automatically provided to other computers when your web browser or email application requests a web page or email from those computers on the internet.
8.4. The Company keeps track of the number of users of Conversations Online and duration of use to help maintain accurate, timely, complete and relevant information for the Company’s business purposes.
8.6. The Company may link information posted publicly by users and/or information stored in cookies such as your age, gender and country with your personally identifiable information and it may use such information to gather statistics about the number and type of people who visit Conversations Online, to measure an analyse the sentiments of users about Broadcasters or Broadcasts and to customize Conversations Online’s content, customer support, layout and services for delivery to the user, advertisers or other authorised third parties.
8.7. Use and Disclosure of Information
8.7.1. The Company will use your personal information to enable you to access and use Conversations Online, such as communicating with other users and broadcaster through the messaging and questioning service.
8.7.2. The Company may display the personal information contained in your profile to users and Broadcasters on Conversations Online.
8.7.3. The Company may use your personal information to operate, protect, improve and optimize Conversations Online, better the user experience, perform analytics, conduct research and provide customer service.
8.7.4. The Company may use personal information contained user’s profiles and content posted publicly by users on or to Conversations Online, for the Purpose, including to measure and analyze users’ sentiments about such Broadcasters and/or Broadcasts and to customize Conversations Online’s content, customer support, layout and services and provide additional services for delivery to the user, advertisers or other authorised third parties. Such content, information and knowledge will be made anonymous and will not be tied to the personal and private information that you registered on your profile.
8.7.5. No personally identifiable information about you will be provided by Conversations Online to other users, advertisers or third parties without your express consent.
8.7.6. The Company will use your email address to contact you from time to time and may also use it for security reasons to confirm your identity.
8.7.7. You may be prompted to rate, review or respond to a Broadcaster and/or a Broadcast. If you choose to provide a rating, review or response your review may be public on Conversations Online.
8.7.8. The Company agrees not to use the users provided electronic mail address in any manner that users do not consent to nor alert any other parties of the users’ address without the user’s consent.
8.7.9. You have the right to opt out of receiving electronic mail communication by following the directions posted on every electronic mail communication.
8.7.10. The Company may review, scan or analyze your communications with other users exchanged on Conversations Online to ensure compliance with the Terms.
8.7.11. The Company may use the information collected automatically, such as the user’s IP address and information stored via cookies, to gather statistics about the number of people who visit Conversations Online and to customise Conversations Online’s content, layout and services.
8.7.12. The Company will disclose the user’s personally identifiable information if it reasonably believes that it is required to do so by law, regulation or other government authority or to protect the rights and property of the Company, its affiliates or the public. The Company may also co-operate with law enforcement in any official investigation and may disclose the user’s personally identifiable information to the relevant agency or authority in doing so.
8.7.13. The Company reserves the right to transfer your personal information in the event of a transfer of ownership, such as acquisition by, or merger with, another entity. If any acquiring entity should plan to materially change Conversations Online’s Terms, the Company will notify you beforehand.
8.7.14. Circumstances may arise where, whether for strategic or other business reasons, the Company decides to sell, buy, merge or otherwise reorganize its business. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers. It is the Company’s practice to seek reasonable protection for information in these types of transactions.
8.8. Access to and accuracy of your information
8.8.1. The Company strives to keep the user’s personal information accurately recorded. The Company provides a user with the reasonable ability to review and correct it or ask for anonymization, blockage, or deletion, as applicable.
8.8.2. The user is entitled to request access to any relevant personal data held by the Company as laid out in the Promotion of Access to Information Act 2 of 2000 and where such access is necessary for you to exercise and/or protect any of the user’s rights.
8.8.3. In accordance with the Protection of Personal Information Act 4 of 2013, users may request the Company to review the personal information which it holds and may request for the Company to delete such information.
9. HYPERLINKS, DEEP LINKS, FRAMING
9.1. Conversations Online may include links to other internet sites (“the other sites”). The Company does not own or endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content or products of such target sites.
9.2. The Company does not purport to own the content on other sites which may be shown on Conversations Online. Should the owner of any content showcased on Conversations Online want the content to be removed, please write to firstname.lastname@example.org and the Company will remove the content.
9.3. The user’s access and use of the other sites remain solely at the user’s own risk.
10. ADVERTISING AND SPONSORSHIP
10.1. Conversations Online may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the website or mobile application complies with all applicable laws and regulations.
10.2. The contents of advertisements and/or sponsorship communications, or the views expressed by advertisers and/or sponsors, are not necessarily condoned, approved, endorsed or supported by the Company.
10.3. The Company, its members, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
11.1. Conversations Online, including any intellectual property appearing therein, are provided “as is” and “as available”. The Company makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either Conversations Online or the information contained in or on them.
11.2. The Company makes no representation or warranty in respect of any communications or exchanges between users taking place on or in relation to Conversations Online. The Company cannot and does not control or make any representations in respect of the actions, background, or the identity of users on the platform. As such and to the maximum extent permitted in law, the Company, its members, employees, suppliers, partners, affiliates and agents shall not be liable whatsoever for any direct or indirect loss, damage, injury or death resulting from any event or action or omission by the user or any other person, arising from or in any way connected with the use of Conversations Online.
11.3. All information or opinions of users in relation to any of the services are those of the authors and not the Company. While the Company makes every reasonable effort to present such information accurately and reliably on Conversations Online, the Company does not endorse, approve or certify such information, does not guarantee the accuracy or completeness of such information.
11.4. The Company, its members, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) Conversations Online and/or transactions or actions resulting therefrom.
11.5. The Company, its members, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the access to, or use of, Conversations Online in any manner.
11.6. The Company takes reasonable security measures to ensure the safety and integrity of Conversations Online and to exclude viruses, unlawful monitoring of and/or access on or to Conversations Online. However, the Company does not warrant or represent that your access to Conversations Online will be uninterrupted or error free or that any information, data, content, software or other material accessible through Conversations Online will be free of bugs, viruses, worms, Trojan horses or other harmful components. The user’s access to and use of Conversations Online remains solely at the user’s own risk.
12.1. The user indemnifies and holds harmless the Company, members, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of Conversations Online or services offered or ordered through or in relation to Conversations Online in any way.
12.2. The user agrees to indemnify, defend and hold the Company harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms.
12.3. This clause will survive termination of this agreement.
13. INFORMATION IN TERMS OF SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002
13.1. Site owner: Conversations Media and Communications (Pty)Ltd.
13.2. Legal Status: Conversations Media and Communications (Pty)Ltd. is a private company, duly incorporated in accordance with the laws of the Republic of South Africa
13.3. Registration Number: 2014/009437/07
13.4. Directors: Vincent Magwenya
13.5. Description of main business: An online platform (in the form of a website and a mobile application) where users can connect with other users, including newsworthy broadcasters, and view content (including text, images, sound and/or video) that such broadcasters transmit or upload, either in real-time or pre-recorded. Users can also post comments and questions in relation to such broadcast and interact with broadcasters. In addition, the Company may collect and analyze public content and use any personal information (including demographic information) provides to improve the user experience by providing tailored content, to improve the quality of Broadcasts and Broadcasters and to improve and expand services for delivery to the user, advertisers or other authorised third parties.
13.6. E-mail address: email@example.com
13.7. Website address: www.conversationsgroup.co.za
13.8. Physical address: 50 Constantia Boulevard, Quadram Office Park, Building 4, Constantia Kloof, 1709
13.9. Postal address: 50 Constantia Boulevard, Quadram Office Park, Building 4, Constantia Kloof, 1709
13.10. Registered address: 50 Constantia Boulevard, Quadram Office Park, Building 4, Constantia Kloof, 1709
14. DISPUTE RESOLUTION
14.1. Should any dispute, disagreement or claim arise between the parties concerning the use of Conversations Online, the parties shall endeavor to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
14.2. Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussion on their behalf.
14.3. The parties agree that under no circumstances will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim.
15.1. The Company reserves the right to terminate and cancel your account if you breach any of the Terms, or for any other reason, provided, that the Company gives reasonable notice to you with written reasons for the cancellation.
15.2. If you wish to terminate the agreement with the Company, you may do so by deregistering your account with Conversations Online and discontinuing the use of the website and mobile application.
16. NOTICES AND DOMICILIUM
16.1. Each of the parties chooses their domicilium citandi et executandi for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
16.1.1. in the case of the Company, at:
50 Constantia Boulevard, Quadram Office Park, Building 4, Constantia Kloof, 1709
16.1.2. in the case of the user, at the e-mail and physical address provided by the user to the Company in the registration process.
16.2. Any notices to any party will be sent via prepaid registered post, delivered by hand or sent by e-mail. Unless the contrary is proved, any notice:
16.2.1. sent by prepaid registered post will be deemed to have been received on the 5th (fifth) Business Day after posting;
16.2.2. any notice delivered by hand on a Business Day will be deemed to have been received on the date of delivery; provided, that if such day is not a Business Day, then such notice shall be deemed to have been received on the 1st (first) Business Day following the date of delivery;
16.2.3. transmitted by email will be deemed to have been received on the same day of transmission; provided, that if such day is not a Business Day, then such notice shall be deemed to have been received on the 1st (first) Business Day following the day of transmission.
16.3. For the purposes of this clause 14, the term “Business Day” means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa.
16.4. Each of the parties will be entitled from time to time, by written notice to the other to vary its domicilium to any other address in the Republic of South Africa which is not a post office box or poste restante, provided, that the change will become effective only 14 (fourteen) days after service of the notice in question.
16.5. Notwithstanding the above, any notice given in writing in English, and, received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
17.1. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.8 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
17.2. No indulgence, leniency or extension of time granted by the Company shall constitute a waiver of any of the Company’s rights under these Terms and, accordingly, the Company shall not be precluded because of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
17.3. Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
17.4. The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
17.5. The user’s access and/or use of Conversations Online, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa.
17.6. Should you have any complaints or queries, kindly address an e-mail to firstname.lastname@example.org advising the Company of same.
17.7. In the event of the user breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) which may be incurred by the Company in relation to the breach.
17.8. Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation (including, without limitation, the CPA and any regulations thereto) or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
17.9. No term or condition of these Terms is intended to breach any peremptory provisions of the CPA and any regulations thereto (“Prohibited Provision”). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 15.8 mutatis mutandis.
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